3
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
REPUBLIC OF SOUTH AFRICA
Case Number: 91612 /2019
DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: YES/NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED: YES/NO DATE: SIGNATURE: |
In the matter between:
STEPHEN MANGOLELA Applicant
and
THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL Respondent
In re:
THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL Applicant
and
STEPHEN MANGOLELA First Respondent
MANGOLELA INCORPORTED ATTORNEYS Second Respondent
JUDGMENT
MOGALE AJ:
[1] This is an application for leave to appeal the judgment and order of this court dated 23 November 2022.
[2] The application is brought in terms of section 17(1)(a)(i) and (ii), to wit, that the appeal would have a reasonable prospect of success and/or there is some compelling reason why the appeal should be heard.
[3] Having carefully considered the grounds of appeal, I am of the view that the grounds of appeal do not satisfy the threshold contained in section 17(1)(i) nor does a compelling reason exists to grant leave of appeal.
[4] In the result, I am of the view that the application should be dismissed. Mr Groome, the attorney that appeared on behalf of the respondent, requested that the customary cost order in applications involving the Legal Practice Council, to wit on a scale between attorney and client should be awarded. I can find no reason to deviate from the customary cost order and the order will follow.
ORDER
I propose the following order:
The application is dismissed with costs on an attorney and client scale.
_____________________________________
K MOGALE
ACTING JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
I agree and it is so ordered.
______________________________________________
N. JANSE VAN NIEUWENHUIZEN
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
DATE HEARD:
02 March 2023
DATE DELIVERED:
APPEARANCES
For the Applicant: Advocate A Rafik Bhana SC
B Brandon Casey
Instructed by: AM Nduna Attorneys
For the Respondents: Mr. L Groome
Instructed by: RW Attorneys Inc